HIGH COURT OF RAJASTHAN
ANOOP KUMAR DHAND
KESHAV KUMAR SHARMA SON OF SHRI RAJKUMAR SHARMA, – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMP/9218/2022
CRIMINAL LAW - QUASHING OF FIR - SECTION 354 IPC - COMPROMISE - INHERENT POWERS OF THE COURT
Fact of the Case:
The petitioner filed a criminal misc. petition for quashing of FIR No.486/2022 registered with Police Station Karni Vihar, District Jaipur for the offence under Section 354 IPC. The parties had compromised the matter and a compromise deed was filed before the Court.
Finding of the Court:
The Court allowed the criminal misc. petition and quashed the impugned FIR No.486/2022, registered with Police Station Karni Vihar, Jaipur for the offence under Section 354 IPC.
Issues: Whether the FIR should be quashed in light of the compromise between the parties.
Ratio Decidendi: The Court relied on the decisions of the Apex Court in Gian Singh Vs. State of Punjab & Anr. reported in (2012) 10 SCC 303 & State of Madhya Pradesh Vs. Laxmi Narayan & Ors., reported in (2019) 5 SCC 688 and held that the compromise arrived at between the parties and the fact that the compromise is not disputed by the counsel for the complainant, it is just and appropriate to invoke inherent powers of this Court under Section 482 Cr.P.C. and quash the FIR.
Final Decision: The Court allowed the criminal misc. petition and quashed the impugned FIR No.486/2022, registered with Police Station Karni Vihar, Jaipur for the offence under Section 354 IPC.
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 9218/2022
Keshav Kumar Sharma Son Of Shri Rajkumar Sharma, Aged
About 17 Years, R/o D/89/a, Flat No. F-2, Shri Shyam Residency
Ambha Path Ayodhya Nagar, Vaishali Nagar Through Natural
Guardian Father Shri Raj Kumar Sharma S/o Ram Prakash
Sharma Aged About 47 Years, R/o D/89/a, Flat No. F-2, Shri
Shyam Residency Ambha Path Ayodhya Nagar, Vaishali Nagar,
Jaipur Rajasthan.
----Petitioner
Versus
1.
State Of Rajasthan, Through The Learned Public
Prosecutor
2.
Ashok Kumar Sharma Son Of Shri Kanchi Lal Sharma,
Aged About 35 Years, R/o R/o D/89/a, Flat No. F-2, Shri
Shyam Residency Ambha Path Ayodhya Nagar, Vaishali
Nagar.
----Respondents
For Petitioner(s)
:
Mr. Majhar Hussain
For Respondent(s)
:
Mr. Atul Sharma, PP
Mr. Riyaz Ahamed
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Order
03/01/2023
Present criminal misc. petition has been filed for
quashing of FIR No.486/2022 registered with Police Station Karni
Vihar, District Jaipur for the offence under Section 354 IPC.
Learned counsel for the petitioner submits that the
parties have compromised the matter and a compromise deed has
been filed before this Court.
Learned Public Prosecutor submits that the compromise
deed was produced before the Investigating Officer and as per the
(2 of 2)
[CRLMP-9218/2022]
factual report received, the same has been verified by the
Investigating Officer.
Learned counsel for the petitioner has placed reliance
on the decision of the Apex Court in the case of Gian Singh Vs.
State of Punjab & Anr. reported in (2012) 10 SCC 303 &
State of Madhya Pradesh Vs. Laxmi Narayan & Ors.,
reported in (2019) 5 SCC 688 and submits that the
proceedings arising out of the FIR be quashed.
In the view of the aforementioned compromise arrived
at between the parties and considering the fact that the
compromise is not disputed by the counsel for the complainant
and as also applying the principles laid down by the Apex Court in
the case of Gian Singh (supra) and Laxmi Narayan (supra), this
Court deems it just and appropriate to invoke inherent powers of
this Court under Section 482 Cr.P.C.
Accordingly, this criminal misc. petition is allowed.
Impugned FIR No.486/2022, registered with Police Station Karni
Vihar, Jaipur for the offence under Section 354 IPC is quashed.
Stay application and all pending applications, if any,
stand disposed of.
Factual report produced by the learned Public
Prosecutor is taken on record.
(ANOOP KUMAR DHAND),J
KuD/21
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